After suffering devastating construction accident injuries, recovering compensation for your damages will be a top priority. However, you may be anxious to move through the claims process so you can get the financial support you need when you need it most. Unfortunately, many factors can impact how long it will take your construction accident lawsuit to be resolved.
In some cases, settlements are possible in a matter of months. But another’s, it can take years before victims receive their financial compensation. If you hope to expedite your construction accident lawsuit while protecting your right to total compensation, make sure you have a dedicated construction accident attorney working for you.
Factors Impacting Your Construction Accident Timeline
Multiple factors can impact how long it will take for your construction accident claim to be resolved. Although every person’s case is different, the value of your damages, the severity of your injuries, multiple parties sharing liability, large corporations being involved, shared liability, and unclear evidence all influence how long it might take to obtain a favorable outcome.
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The Value of Your Damages
Arguably one of the most important factors that determine how long it will take to resolve your case is the value of your damages. It may not be apparent immediately after the accident how significantly your life has been affected by your injuries. For example, someone dealing with broken bones and fractures may be stuck dealing with the consequences of their injuries for several weeks or months while they regain mobility and function.
However, someone suffering from a spinal cord injury leading to paralysis would have significantly greater damages. Do not be surprised if the insurance company wants to hold off on negotiations until you reach maximum medical improvement (MMI). Your construction accident attorney will be prepared to take the necessary steps to resolve your case as quickly as possible so you can access the compensation you need to cover your costs and get through these difficult times.
The Severity of Your Injuries
The severity of your injuries will play a part in determining how long it might take to resolve your case. Depending on the type of injury used to stand, it could be several months or years before you regain full use of your affected body parts.
In some cases, you may need to continue attending follow-up appointments or participate in physical or occupational therapy over an extended period of time. Other construction accident victims find themselves dealing with permanent injuries, such as traumatic brain injuries or amputation.
The more significant your injuries, the more likely it is your life will be affected by the trauma. The greater the impact, the more you can expect to recover in your claim. However, the longer it takes for your injuries to resolve, the longer it will be before your case is settled.
Multiple Parties Share Liability
It is not unusual for construction accident claims to have multiple parties that share blame for the accident or the victims resulting injuries. Although this can certainly make your case more complex, with multiple parties sharing fault, you have a greater chance of recovering the compensation you are entitled to.
Instead of relying on a single entity to cover the costs of your damages in full, multiple defendants can share the responsibility and ensure you are reimbursed for every loss you experienced due to your construction accident injuries.
A Large Corporation Is At-Fault
In many construction accident cases, large corporations are involved and are found partially liable for the victim’s injuries. However, instead of doing the right thing and making sure construction workers are compensated fairly for their suffering, large corporations are not afraid to fight back and bring cases to trial where necessary.
Although they have the funds to compensate victims for their damages, admitting liability could increase insurance rates or destroy the corporation’s reputation. This is particularly true if they fail to make necessary repairs, provide construction workers with inadequate safety equipment or gear, or otherwise engage in gross negligence.
Large corporations are more likely to hire expensive defense attorneys that may attempt to delay your claim for as long as possible. However, with an experienced construction accident attorney advocating for you, you can rest easier. Our team will be prepared to go up against these corporations and ensure they are held accountable for their negligence at all costs.
If you share liability for your construction accident or your subsequent injuries, it may take longer for your case to be settled. Georgia follows modified comparative negligence laws under OCGA § 51-12-33, so sharing liability will not necessarily prevent you from recovering compensation as long as you do not pass the liability threshold. In Georgia, this is 50%.
As long as you are less than 50% liable, you can still pursue your case. However, your settlement will reflect a shared fall deduction amounting to your percentage of the blame. For example, if you were not wearing the proper safety equipment when you were struck by a falling object, the judge might find you 40% liable for your injuries. You could then expect your construction accident settlement to be reduced by 40%.
However, it is not uncommon for defendants to place unwarranted blame on victims in the hopes of reducing their own financial obligations. For this reason, it may take longer for your case to be resolved while your construction accident attorney insurance liability is assessed accurately in your case.
The Evidence Is Unclear
If the evidence in your case is at all unclear, it could be more challenging to reach a resolution. If the defendant has any opportunity to challenge the evidence introduced, you can expect your case to be delayed.
The burden of proof is based on a preponderance of the evidence, which means the evidence presented by your construction accident attorney must be compelling. If it is at all unclear or leaves liability up to interpretation, it may take longer to reach an agreement.
Contact a Leading Construction Accident Lawyer for Help Today
Although every person’s case is different, with an experienced construction accident attorney working for you, you can get access to the compensation you deserve in a timely manner. You should not have to suffer unduly waiting for your case to be resolved.
With the right legal advocate fighting for your settlement, you can start to rebuild your life after your construction accident injuries. Contact our team at John Foy & Associates to find out more about how long it might be before your case is resolved. You can schedule your free, no-obligation consultation as soon as today when you call our office or complete our online contact form.